Malti Kumari vs The State Of Bihar
2022 Latest Caselaw 2872 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6406 of 2020
     ======================================================

Malti Kumari Wife of Mukesh Kumar Resident of Village- Maheshpur, Post Office- Mohanpur, Gram Panchayat- Maliya, Police Station- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

1. The State of Bihar Through Principal Secretary, Education Department, Government of Bihar, Old Secretariat, Patna.

2. The District Public Grievance Redressal Officer District- Lakhisarai.

3. The District Programm Officer Lakhisarai.

4. The Child Development Project Officer Chanan, District- Lakhisarai.

5. Sima Kumari Wife of Sudhir Kumar, Daughter of Rajendra Yadav Resident of Village- Maura, Post Office- Maura, Police Station- Gidhaur, District- Jamui.

6. The District Magistrate, Jamui

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Madanjeet Kumar, GP 20 Mr. Rajeev Ranjan, AC to GP 20

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2022

Petitioner's counsel Mr. Pramod Kumar intends to

implead the District Magistrate, Jamui as a necessary and proper

party. Accordingly, he is permitted to implead the District

Magistrate, Jamui as a necessary and proper party during the

course of the day. State counsel accepts notice to newly added

respondent No. 6.

Patna High Court CWJC No.6406 of 2020 dt.16-05-2022

2. Service of notice to respondent No. 5 stands

dispensed since no adverse order is being passed in the present

order.

3. Heard learned counsel for the respective parties.

4. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That this writ application is being filed

for direction to the respondents to appoint the

petitioner on the post of Sevika/Sahayika on the

basis of order dated 09.07.2019 passed by the

District Public Grievance Redressal Officer and to

issue appropriate writ/writs, order/orders,

direction/directions as your Lordships may deem fit

and proper."

5. The petitioner and respondent No. 5 were stated to be

candidates for recruitment to the post of Anganwari

Sevika/Sahayika for Primary School, Maheshpur for the Centre

No. 267, Ward No. 13. Petitioner is unsuccessful candidate. She

has made certain averment against the selection and appointment

of 5th respondent. At the same time petitioner has already invoked

remedy of appeal before the appellate authority. Petitioner has not

arrayed appellate authority - The District Magistrate, Jamui as

necessary and proper party. In the light of these facts and Patna High Court CWJC No.6406 of 2020 dt.16-05-2022

circumstances, the appellate authority is hereby directed to decide

the petitioner's appeal after providing opportunity of hearing to the

5th respondent - Sima Kumari.

6. The above exercise shall be completed within a period

of three moths from the date of receipt of this order.

(P. B. Bajanthri, J) GAURAV S./-

AFR/NAFR
CAV DATE
Uploading Date          18.05.2022
Transmission Date